Mich. Comp. Laws » Michigan Compiled Laws / Chapter 330 / Act 258 of 1974
Michigan Compiled Laws

Mich. Comp. Laws § 330.1434 (2026)

Petition; filing; contents; clinical certificate; confidentiality; assisted outpatient treatment; petition not seeking hospitalization.

✓ current as of July 2026
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MENTAL HEALTH CODE


Act 258 of 1974


330.1434 Petition; filing; contents; clinical certificate; confidentiality; assisted outpatient treatment; petition not seeking hospitalization.

Sec. 434.

    (1) Any individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.

    (2) The petition shall contain the facts that are the basis for the assertion, the names and addresses, if known, of any witnesses to the facts, and, if known, the name and address of the nearest relative or guardian, or, if none, a friend, if known, of the individual.

    (3) Except as provided in subsection (7), the petition shall be accompanied by the clinical certificate of a physician or a licensed psychologist, unless after reasonable effort the petitioner could not secure an examination. If a clinical certificate does not accompany the petition, the petitioner shall set forth the reasons an examination could not be secured within the petition. The petition may also be accompanied by a second clinical certificate. If 2 clinical certificates accompany the petition, at least 1 clinical certificate must have been executed by a psychiatrist.

    (4) Except as otherwise provided in subsection (7) and section 455, a clinical certificate that accompanies a petition must have been executed within 72 hours before the filing of the petition, and after personal examination of the individual.

    (5) If the individual is found not to be a person requiring treatment under this section, the petition and any clinical certificate shall be maintained by the court as a confidential record to prevent disclosure to any person who is not specifically authorized under this chapter to receive notice of the petition or clinical certificate.

    (6) The petition described in this section may assert that the subject of the petition should receive assisted outpatient treatment in accordance with section 468(2)(d).

    (7) A petition that does not seek hospitalization but only requests that the subject of the petition receive assisted outpatient treatment is not subject to subsection (3) or (4).

History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2016, Act 113, Eff. Aug. 8, 2016 ;-- Am. 2016, Act 320, Eff. Feb. 14, 2017 ;-- Am. 2018, Act 593, Eff. Mar. 28, 2019

Notes of Decisions
Cited in 33 cases (24 in the last 5 years), 1985–2026 · leading case: People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018).
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People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). · cites it 4× “1468(2) applies only to petitions filed under § 434, MCL 330.1434, and that § 468(2) is therefore inapplicable in the instant case because the subject petition was filed pursuant to MCL 330.”
Hinkelman v. Borgess Med. Ctr., 403 N.W.2d 547 (Mich. Ct. App. 1987). · cites it 2× “800(423) or MCL 330.1434; MSA 14.800(434). Mandatory hospitalization under § 423 applies only to certain hospitals designated by the Department of Mental Health, of which defendant here is not one.”
People v. Goad, 364 N.W.2d 584 (Mich. 1985). · cites it 2× “(1) Any person 18 years of age or over may file with the court a petition which asserts that an individual is a person requiring treatment as defined in section 401.”
In Re Jh (Mich. Ct. App. 2024). · cites it 8× “Under MCL 330.1434: (1) Any individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.”
In Re James Ogden (Mich. Ct. App. 2022). · cites it 6× “We disagree. This Court’s “primary task” in construing a statute is to “discern and give effect to the intent of the Legislature.”
In Re James Ogden (Mich. Ct. App. 2022). · cites it 5× “We disagree. This Court’s “primary task” in construing a statute is to “discern and give effect to the intent of the Legislature.”
In Re Ss (Mich. Ct. App. 2023). · cites it 5× “1423, not an admission by petition under MCL 330.1434, and a court order was not required to take respondent into protective custody and hold her until timely seen by a psychiatrist and released.”
In Re Ss (Mich. Ct. App. 2023). · cites it 5× “1423, not an admission by petition under MCL 330.1434, and a court order was not required to take respondent into protective custody and hold her until timely seen by a psychiatrist and released.”
In Re Kh (Mich. Ct. App. 2025). · cites it 5× “” MCL 330.1434(1). “The petition shall contain the facts that are the basis for the assertion, the names and addresses, if known, of any witnesses to the facts, and, if known, the name and address of the nearest relative or guardian, or, if none, a friend, if known, of the…”
20250123_C370552_28_370552.Opn.Pdf (Mich. Ct. App. 2025). · cites it 4× “” MCL 330.1434(1). The petition “shall contain the facts that are the basis for the assertion, the names and addresses .”
In Re a V-b H (Mich. Ct. App. 2026). · cites it 4× “1423, or by petition, MCL 330.1434. In this case, the proceeding was initiated by petition.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018). · cites it 3× “1473 rather than a petition filed under MCL 330.1434. -6- meet the individual’s treatment needs and is sufficient to prevent harm that the individual may inflict upon himself or herself or upon others within the near future.”
Show all 33 citing cases →
— Mich. Comp. Laws § 330.1434(1) — 10 cases
Hinkelman v. Borgess Med. Ctr., 403 N.W.2d 547 (Mich. Ct. App. 1987). “800(423) or MCL 330.1434; MSA 14.800(434). Mandatory hospitalization under § 423 applies only to certain hospitals designated by the Department of Mental Health, of which defendant here is not one.”
In Re Ss (Mich. Ct. App. 2023). “1423, not an admission by petition under MCL 330.1434, and a court order was not required to take respondent into protective custody and hold her until timely seen by a psychiatrist and released.”
In Re Ss (Mich. Ct. App. 2023). “1423, not an admission by petition under MCL 330.1434, and a court order was not required to take respondent into protective custody and hold her until timely seen by a psychiatrist and released.”
In Re Starr Eubank (Mich. Ct. App. 2022).
In Re Kh (Mich. Ct. App. 2025). “” MCL 330.1434(1). “The petition shall contain the facts that are the basis for the assertion, the names and addresses, if known, of any witnesses to the facts, and, if known, the name and address of the nearest relative or guardian, or, if none, a friend, if known, of the…”
— Mich. Comp. Laws § 330.1434(2) — 3 cases
In Re Jh (Mich. Ct. App. 2024). “Under MCL 330.1434: (1) Any individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.”
20250123_C370552_28_370552.Opn.Pdf (Mich. Ct. App. 2025). “” MCL 330.1434(1). The petition “shall contain the facts that are the basis for the assertion, the names and addresses .”
In Re Kh (Mich. Ct. App. 2025). “” MCL 330.1434(1). “The petition shall contain the facts that are the basis for the assertion, the names and addresses, if known, of any witnesses to the facts, and, if known, the name and address of the nearest relative or guardian, or, if none, a friend, if known, of the…”
— Mich. Comp. Laws § 330.1434(3) — 7 cases
20241119_C369850_35_369850.Opn.Pdf (Mich. Ct. App. 2024).
In Re Kh (Mich. Ct. App. 2025). “” MCL 330.1434(1). “The petition shall contain the facts that are the basis for the assertion, the names and addresses, if known, of any witnesses to the facts, and, if known, the name and address of the nearest relative or guardian, or, if none, a friend, if known, of the…”
In Re Freddy Delatorre (Mich. Ct. App. 2021).
20221117_C361062_33_361062.Opn.Pdf (Mich. Ct. App. 2022).
In Re Jh (Mich. Ct. App. 2024). “Under MCL 330.1434: (1) Any individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.”
— Mich. Comp. Laws § 330.1434(4) — 5 cases
In Re Jh (Mich. Ct. App. 2024). “Under MCL 330.1434: (1) Any individual 18 years of age or over may file with the court a petition that asserts that an individual is a person requiring treatment.”
In Re Nayeema Ahmed (Mich. Ct. App. 2022).
In Re James Ogden (Mich. Ct. App. 2022). “We disagree. This Court’s “primary task” in construing a statute is to “discern and give effect to the intent of the Legislature.”
In Re James Ogden (Mich. Ct. App. 2022). “We disagree. This Court’s “primary task” in construing a statute is to “discern and give effect to the intent of the Legislature.”
In Re Tss (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 330.1434(6) — 2 cases
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). “1468(2) applies only to petitions filed under § 434, MCL 330.1434, and that § 468(2) is therefore inapplicable in the instant case because the subject petition was filed pursuant to MCL 330.”
20250123_C370552_28_370552.Opn.Pdf (Mich. Ct. App. 2025). “” MCL 330.1434(1). The petition “shall contain the facts that are the basis for the assertion, the names and addresses .”
— Mich. Comp. Laws § 330.1434(7) — 1 case
In Re a V-b H (Mich. Ct. App. 2026). “1423, or by petition, MCL 330.1434. In this case, the proceeding was initiated by petition.”
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